Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) In these Regulations:
Act means the National Consumer Credit Protection Act 2009 .
associate has the meaning given by regulation 4.
Australian ADI has the meaning given by section 9 of the Corporations Act.
Code means the National Credit Code.
Corporations Act means the Corporations Act 2001 .
exempt public authority means a body corporate that is incorporated within Australia or an external Territory and is:
(a) a public authority; or
(b) an instrumentality or agency of the Crown in right of the Commonwealth, in right of a State or in right of a Territory.
financial counselling association has the same meaning as in ASIC Class Order [CO 03/1063] .
financial counselling service means a counselling and advocacy service provided predominantly for the purpose of assisting individuals who are in financial difficulty to resolve their problems.
foreign company means either of the following:
(a) a body corporate that is incorporated in an external Territory, or outside Australia and the external Territories, and is not:
(i) a corporation sole; or
(ii) an exempt public authority;
(b) an unincorporated body that:
(i) is formed in an external Territory or outside Australia and the external Territories; and
(ii) under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and
(iii) does not have its head office or principal place of business in Australia.
officer of a body corporate has the meaning given by the definition of officer of a corporation (as it relates to a body corporate) in section 9 of the Corporations Act.
public officer , of a body corporate, means a person appointed under section 252 of the Income Tax Assessment Act 1936 as it relates to a body corporate.
registered debt agreement administrator means a person registered by the Insolvency and Trustee Service Australia as a debt agreement administrator under Part IX of the Bankruptcy Act 1966 .
registered person has the same meaning as in the Transitional Act.
substantial holding has the meaning given by the definition of that term (as it relates to a body corporate) in section 9 of the Corporations Act.
(2) In these Regulations, a person is associated with a lessor if:
(a) the person and the lessor are related bodies corporate for the purposes of the Corporations Act; or
(b) the person is an officer, agent or employee of the lessor, or of any such related body corporate, acting in that capacity; or
(c) the person is a supplier in respect of whom the lessor is a linked lessor (within the meaning of linked credit provider or linked lessor in subregulation 23 (4)) for the purposes of regulation 23.